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23322.131 Article 131—Perjury. Any person who in a judicial proceeding or in
24a course of justice willfully and corruptly does any of the following shall be punished
25as a court-martial may direct:
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1(1) Upon a lawful oath or in any form allowed by law to be substituted for an
2oath, gives any false testimony material to the issue or matter of inquiry.
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3(2) In any declaration, certificate, verification, or statement under penalty or
4perjury as permitted under
28 USC 1746, subscribes any false statement material
5to the issue or matter of inquiry.
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6322.132 Article 132—Frauds against the government. Any person who
7does any of the following knowing it to be false or fraudulent shall be punished as a
8court-martial may direct:
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9(1) For the purpose of obtaining the approval, allowance, or payment of any
10claim against the United States, the state, or of any state, or any officer:
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(a) Makes or presents a claim.
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(b) Makes or uses any writing or other paper.
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(c) Makes any oath, affirmation or certification to any fact or to any writing or
14other paper.
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15(2) For the purpose of defrauding the United States, the state, or of any state,
16or any officer:
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(a) Forges or counterfeits any signature upon any writing or other paper, or
18uses any signature knowing it to be forged or counterfeited.
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(b) Delivers to any person having authority to receive it, any amount less than
20that for which he or she receives a certificate or receipt.
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(c) Makes or delivers to any person, a writing without having full knowledge
22of the truth of the statements contained in the writing.
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23322.133 Article 133—Conduct unbecoming an officer and a gentleman. 24Any commissioned officer, cadet, candidate, or midshipman who is convicted of
1conduct unbecoming an officer and a gentleman shall be punished as a court-martial
2may direct.
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3322.134 Article 134—General section. Though not specifically mentioned
4in this code, all disorders and neglects to the prejudice of good order and discipline
5in the state military forces and all conduct of a nature to bring discredit upon the
6state military forces shall be taken cognizance of by a court-martial and punished
7at the discretion of a military court. However, where a crime constitutes an offense
8that violates both this code and the criminal laws of the state where the offense
9occurs or criminal laws of the United States, jurisdiction of the military court shall
10be determined under s. 322.002 (2).
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SUBCHAPTER XI
12
MISCELLANEOUS PROVISIONS
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13322.135 Article 135—Courts of inquiry. (1) Courts of inquiry to
14investigate any matter of concern to the state military forces may be convened by any
15person authorized to convene a general court-martial, whether or not the persons
16involved has requested an inquiry.
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17(2) A court of inquiry consists of 3 or more commissioned officers. For each
18court of inquiry, the convening authority shall also appoint counsel for the court.
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19(3) Any person whose conduct is subject to inquiry shall be designated as a
20party. Any person subject to this code who has a direct interest in the subject of
21inquiry has the right to be designated as a party upon request to the court. Any
22person designated as a party shall be given due notice and has the right to be present,
23to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
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24(4) Members of a court of inquiry may be challenged by a party, but only for
25cause stated to the court.
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1(5) The members, counsel, the reporter, and interpreters of courts of inquiry
2shall take an oath to faithfully perform their duties.
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3(6) Witnesses may be summoned to appear and testify and be examined before
4courts of inquiry, as provided for courts-martial.
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5(7) Courts of inquiry shall make findings of fact but may not express opinions
6or make recommendations unless required to do so by the convening authority.
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7(8) Each court of inquiry shall keep a record of its proceedings, which shall be
8authenticated by the signatures of the president and counsel for the court and
9forwarded to the convening authority. If the record cannot be authenticated by the
10president, it shall be signed by a member in lieu of the president. If the record cannot
11be authenticated by the counsel for the court, it shall be signed by a member in lieu
12of the counsel.
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13322.136 Article 136—Authority to administer oaths and to act as
14notary. (1) The following persons may administer oaths for the purposes of
15military administration, including military justice:
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(a) All judge advocates.
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(b) All summary courts-martial.
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(c) All adjutants, assistant adjutants, acting adjutants, and personnel
19adjutants.
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(d) All commanding officers of the naval militia.
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(e) All other persons designated by regulations of the armed forces of the
22United States or by statute.
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23(2) The following persons may administer oaths necessary in the performance
24of their duties:
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1(a) The president, military judge, and trial counsel for all general and special
2courts-martial.
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(b) The president and the counsel for the court of any court of inquiry.
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(c) All officers designated to take a deposition.
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(d) All persons detailed to conduct an investigation.
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(e) All recruiting officers.
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(f) All other persons designated by regulations of the armed forces of the
8United States or by statute.
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9(3) The signature without seal of any of the above persons, together with the
10title of his or her office, is prima facie evidence of the person's authority.
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11322.137 Article 137—Articles to be available. The code and the manual for
12courts-martial shall be made available to a member of the state military forces, upon
13request by the member, for the member's personal examination.
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14322.138 Article 138—Complaints of wrongs. Any member of the state
15military forces who believes himself or herself wronged by a commanding officer, and
16who, upon due application to that commanding officer, is refused redress, may
17complain to any superior commissioned officer, who shall forward the complaint to
18the officer exercising general court-martial jurisdiction over the officer against
19whom it is made. The officer exercising general court-martial jurisdiction shall
20examine into the complaint and take proper measures for redressing the wrong
21complained of; and shall, as soon as possible, send to the adjutant general a true
22statement of that complaint, with the proceedings.
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23322.139 Article 139—Redress of injuries to property. (1) Whenever
24complaint is made to any commanding officer that willful damage has been done to
25the property of any person or that the person's property has been wrongfully taken
1by members of the state military forces, that person may, under the regulations
2prescribed, convene a board to investigate the complaint. The board shall consist of
3from one to 3 commissioned officers and, for the purpose of that investigation, it has
4power to summon witnesses and examine them upon oath, to receive depositions or
5other documentary evidence, and to assess the damages sustained against the
6responsible parties. The assessment of damages made by the board is subject to the
7approval of the commanding officer, and in the amount approved by that officer shall
8be charged against the pay of the offenders. The order of the commanding officer
9directing charges herein authorized is conclusive on any disbursing officer for
10payment to the injured parties of the damages so assessed and approved.
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11(2) If the offenders cannot be ascertained, but the organization or detachment
12to which they belong is known, charges totaling the amount of damages assessed and
13approved may be made in proportion as may be considered just upon the individual
14members who are shown to have been present at the scene at the time the damages
15complained of were inflicted, as determined by the approved findings of the board.
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16322.140 Article 140—Delegation by the governor. The governor may
17delegate any authority vested in the governor under this code, and provide for the
18sub-delegation of any authority, except the power given the governor by s. 322.022.
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19322.141 Article 141—Payment of fees, costs, and expenses. The fees and
20authorized travel expenses of all witnesses, experts, victims, court reporters, and
21interpreters, fees for the service of process, the costs of collection, apprehension,
22detention and confinement, and all other necessary expenses of prosecution and the
23administration of military justice, not otherwise payable by any other source, shall
24be paid by the Wisconsin national guard.
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1322.142 Article 142—Payment of fines and disposition. (1) Fines
2imposed by a military court or through imposition of nonjudicial punishment may be
3paid to the state and delivered to the court or imposing officer, or to a person
4executing their process. Fines may be collected in the following manner:
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(a) By cash, cashier's check, or money order.
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(b) By retention of any pay or allowances due or to become due the person fined
7from any state or the United States.
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(c) By garnishment or levy, together with costs, on the wages, goods, and
9chattels of a person delinquent in paying a fine, as provided by law.
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10(2) Any sum so received or retained shall be deposited with the Wisconsin
11national guard or to where the court so directs.
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12(3) Nothing in this code shall be construed to prohibit restitution.
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13322.143 Article 143—Uniformity of interpretation. This code shall be so
14construed as to effectuate its general purpose to make it uniform, so far as practical,
15with the 10 USC ch. 47.
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16322.144 Article 144—Immunity for action of military courts. All persons
17acting under the provisions of this code, whether as a member of the military or as
18a civilian, shall be immune from any personal liability for any of the acts or omissions
19that they did or failed to do as part of their duties under this code.
AB400, s. 228
20Section
228
. Laws of 1969, chapter 20, section 10 is repealed.
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(1) The treatment of section 302.31 (1m) and chapter 322 of the statutes and
23Section 228 of this act first apply to acts or omissions that occur on the effective date
24of this subsection.